Intentional Destruction of Cultural Heritage and the Law : A Research Companion (Hardcover)

1. The Intentional Destruction of the Cultural Heritage of Humankind: What Are the Remedies under International Law? Preliminary Considerations?Part 1. The (Re)Actions against IDCHH in the UN System?Section 1. The UNESCO: ?Achievements and Shortcomings??2. State Responsibility for the IDCHH between UNESCO Rules and ASR?3. Sanctioning Cultural War Crimes: From the 1954 Hague Convention to National Legislations?4. The 2003 Declaration concerning the Intentional Destruction of Cultural Heritage: A Step Back??5. The Italian/UNESCO Task Force and Other Initiatives?6. Unpacking Expert Authority: The Case of Italy's Unite4Heritage Taskforce?Section 2. The Relevance of IDCHH as A Threat against International Peace and Security??7.The Security Council Resolutions addressing IDCHH??8. IDCHH: What Role for UN Peacekeeping Operations??9. The UN Counter-Terrorism Committees and the Sanctions against Individuals?Part 2. The Reparation for IDCHH in the Jurisprudence of the Human Rights Courts?10. The Preliminary Question of the Nature of the Rights infringed by IDCHH: Individual, Collective or Group Rights?11. Cultural Heritage as a Human Right in Times of Peace and Conflict: Measures of Legal Protection?12. The “Victim” of IDCHH and the Entitlement to Submit a Claim?13. Forms of Reparation and Avenues for Enforcement under International Human Rights Mechanisms?Part 3. The Remedies under International Investment Law??14. International Investment Law and the Protection of Cultural Heritage: Reconciling State Obligations, Building Investors’ Duties?15. The Avenues for Obtaining Redress for IDCHH under the International Investment Law?16. A Critical Analysis of Compensation in Investment Arbitration related to Potential IDCHH?17. Remedial Options after the Destruction of the Juukan Gorge Caves: A Lost Cause (of Action)???Part 4. The Punishment of the Destroyers under International Criminal Law??18. IDCHH as a War Crime: Which Effectiveness for the Current Legal Framework??19. IDCHH as a Crime against Humanity?20. The Al Mahdi Case between Erga Omnes Obligations and Right to Reparation: the International Community as a Victim or as a Donor??21. Rationales for the Protection and Destruction of Cultural Heritage: A Missed Opportunity for Clarification in the Case of Al Mahdi?22. The Collective Interest at the ICC: International Community as a Victim of International Crimes?23.The 2021 Policy on Cultural Heritage of the ICC: New Perspectives and Uncertainties of Criminal Justice?24. The Criminalization of the Intentional Destruction of Assets belonging to Humanity’s Cultural Heritage?25. The Intentional Destruction of the Cultural Heritage of Humankind: What Are the Remedies under International Law? Final Considerations?